Legal Question in Criminal Law in Virginia

Juvenile felony and misdemeanors charges

My son has been charged with the sell and distribution of marijuana, possession of alcohol, and vandalism. Will the court trial him as an adult? This is his first offense ever and he has a clean record. Will he get expelled from his High School? He is 17, turning 18 in January. His court date is going to be November 19 and 24.

Thanks,

concerned parent


Asked on 10/09/10, 5:54 pm

1 Answer from Attorneys
Erin Ranney Erin L. T. Ranney, PLLC

Certain felony offenses result in an automatic transfer of a juvenile to adult court when they are over the age of 14. Those two offenses are not automatice transfer offenses. The Commonwealth's Attorney can move for a discretionary transfer. If they do, the judge listens to arguments from the Commonwealth and the defense attorney about whether the juvenile is the type who should be tried as an adult. There are ten factors that the court considers including their prior criminal history. If there is a possibility that the juvenile might be transferred it is very important that the defense attorney have experience with those hearings.

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Answered on 10/14/10, 6:04 pm


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